An ‘Independent Surveillance Review’ has called for a fresh start in the law for interception of communications. A new, democratic licence to operate is needed, according to the review from the think-tank the Royal United Service Institute (RUSI).
Despite the disclosures made by US whistle-blower Edward Snowden, the reviewers say that they have seen no evidence that the British government knowingly acts illegally in intercepting private communications, or that the ability to collect data in bulk is used by the government to provide it with a perpetual window into the private lives of British citizens.
On the other hand, they add that they have seen evidence that the present legal framework authorising the interception of communications is unclear, has not kept pace with developments in communications technology, and does not serve either the government or members of the public satisfactorily.
Launching the report the Chairman of the Panel, Michael Clarke, Director-General of RUSI, said: ‘With our report, the third major study of this subject this year, the Government has a golden opportunity to make a fresh start by introducing legislation that provides a clear and legally sound framework within which the police and intelligence agencies can confidently operate, knowing that at all times they will be respecting our human rights. There is at present no shortage of mechanisms that regulate the way the Government runs interception programmes, but they are complicated, overlapping and in some cases, creaky. There is a manifest need for new legislation. We have outlined ten tests that people in Britain should apply when they hear what the government proposes. If government proposals genuinely meet these criteria, the new legislation will be able to address justifiable public concerns, and also allow the police and intelligence agencies to get on with their job.’
Download the 117-page report at https://www.rusi.org/downloads/assets/ISR-Report-press.pdf
Police response
For the police chiefs body the National Police Chiefs’ Council (NPCC) the NPCC’s lead on communications data, Assistant Chief Constable Richard Berry, responded. ACC Berry said: “I would like to thank the team at RUSI for putting together such a comprehensive and helpful report. We note it chimes consistently with many findings in the recent report by David Anderson ‘A Question of Trust’.
“I am pleased to note that they recognise the importance of digital investigation to the police service and we note with strong interest their suggested ten-point test for the intrusion of privacy. Our newly-established Digital Ethics Panel is seeking to establish usable frameworks for digital practice.
“As for Recommendation 5 in the report – a national approach to policing in the digital era – we have been developing a nationally-coordinated Digital Investigation and Intelligence Programme, which includes the ongoing development of both innovative and necessary training for officers and staff working in this field.
“Finally – noting that, in the same vein as David Anderson, the RUSI report calls for legislative change to the current RIPA provisions, I would like to offer the full support of the service to those tasked with the development of such legislation.
“The police take very seriously their joint responsibilities to protect the public but not intrude on their lives except where necessary, with clear purpose, and in a proportionate manner. We are very keen to ensure that the Peelian principle of policing by consent is maintained while tackling harm to the public and threats to our security in both the physical and digital worlds.”
